Is your small business up-to-date on the latest paid sick leave laws? Paid sick leave laws are a must-know for businesses, especially as regulations are always evolving. You want to make sure your business is always compliant with both federal and state laws.
We’ve put together a comprehensive guide to paid sick leave laws—from defining what paid sick leave means to detailing the specific requirements in various states. You’ll also get an in-depth look at paid leave laws by state, offering insights into what businesses need to know to manage sick leave effectively.
Whether you’re a small business owner developing a sick leave policy or an HR professional wanting to make sure your business stays compliant, this article will help you navigate the complexities of paid sick leave laws in 2024.
Are sick days required by law?
Yes, sick days are required by law in many states. Although federal law doesn’t mandate paid sick leave, several states and localities have their own paid sick leave laws.
These state-specific laws vary widely on aspects such as accrual rates, usage, and carryover policies. You need to stay informed about the specific requirements in your state to help ensure your business remains compliant. That way, you can make sure you’re providing the necessary support for your employees around sick leave.
Understanding these laws is crucial for maintaining legal and operational standards for your business.
Federal sick leave laws.
The federal government doesn’t mandate paid sick leave for private sector employees. However, the Family and Medical Leave Act (FMLA) requires eligible employers to provide unpaid, job-protected leave for specified family and medical reasons, including the birth of a child, and serious health conditions in the family.
While the FMLA ensures unpaid leave, it does not cover paid sick leave. What does this mean? Many states and localities have their own paid sick leave laws to fill this gap, making it essential for businesses to understand and comply with both federal and state regulations. We’ll explore this in more detail below.
Are sick days paid?
So are sick hours paid? For many employees, the good news is: yes, in many states, sick days are paid. Paid sick leave laws require employers to compensate employees for the time they take off due to illness. These laws ensure that employees do not lose income while addressing health issues.
The specifics of paid sick leave vary by state. Some states have specific accrual rates, usage limits, and carryover provisions. Your business needs to be aware of the paid sick leave laws in your state to comply with legal requirements and ensure your employees get their entitled paid sick days.
Paid leave laws by state (2024).
We’ve established that understanding the paid sick leave laws by state is crucial for ensuring compliance and supporting employee well-being. How many sick days per year employees get in each state differs, so here’s a detailed look at the states with mandatory paid sick leave laws for 2024.
Note that if a state isn’t listed below, that means it doesn’t have specific paid sick leave laws at this time. Knowing which states have mandatory paid sick leave may be especially important if you’re considering starting or expanding your business in a particular state.
We also recommend that you always review state and local regulations regularly to help you remain compliant. Keep in mind that for most sick time requirements by state, paid sick leave for hourly employees will be dependent on hours worked.
Arizona
Employees earn one hour of paid sick leave for every 30 hours worked, up to 40 hours annually for employers with 15 or more employees, and 24 hours for smaller businesses. Employees carry over unused sick leave to the next year, although accrual caps apply.
California
California mandates that employees accrue one hour of paid sick leave for every 30 hours worked, with a minimum of 24 hours or three days per year. Some cities, like Los Angeles and San Francisco, have more extensive requirements. Employers must allow carryover of unused leave, but may cap the total accrual at 48 hours or six days.
Colorado
Colorado sick time laws stipulate that employees accrue one hour of paid sick leave for every 30 hours worked, up to 48 hours per year. This applies to all employers, and unused sick leave must be carried over to the next year, with usage capped at 48 hours annually.
Connecticut
Service workers in companies with 50 or more employees accrue one hour of paid sick leave for every 40 hours worked, up to 40 hours annually. Employees carry over unused sick leave to the next year, with an annual cap of 40 hours. .
Illinois
Chicago and Cook County require employers to provide paid sick leave, with employees accruing one hour for every 40 hours worked, up to 40 hours annually. Employers must allow unused leave to carry over, subject to caps.
Maine
Employers with 10 or more employees must offer one hour of paid leave for every 40 hours worked, up to 40 hours per year. This leave can be used for any purpose, including sickness, and unused leave must be carried over to the next year.
Maryland
Employees earn one hour of paid sick leave for every 30 hours worked, up to 40 hours annually. Employers with fewer than 15 employees may provide unpaid sick leave. Employees carry over unused leave to the next year, with an annual cap of 40 hours. .
Massachusetts
Employees accrue one hour of paid sick leave for every 30 hours worked, up to 40 hours per year. Employers with fewer than 11 employees may provide unpaid leave. Employees carry over unused leave to the next year, with an annual cap of 40 hours. .
Michigan
Employers with 50 or more employees must provide one hour of paid sick leave for every 35 hours worked, up to 40 hours per year. Employees carry over unused leave to the next year, with an annual cap of 40 hours. .
Minnesota
All employers in Minnesota must provide employees with up to 48 hours of earned sick and safe time annually. Employees accrue one hour for every 30 hours worked. The pay rate for sick and safe time is the same as if they’re working.
Nevada
Employers with 50 or more employees must provide 0.01923 hours of paid leave for each hour worked, which can be used for any purpose. Employees carry over unused leave to the next year, with an annual cap of 40 hours. . Part-time employees also accrue sick leave prorated based on their full-time equivalent employment.
New Jersey
Part-time and full-time employees earn one hour of paid sick leave for every 30 hours worked, up to 40 hours per year. Employees carry over unused leave to the next year, with an annual cap of 40 hours. .
New Mexico
Employees accrue one hour of paid sick leave for every 30 hours worked, with an annual cap of 64 hours. Employees carry over unused leave to the next year, with no cap on the total accrual.
New York
Employers with 5-99 employees must provide up to 40 hours of paid sick leave per year. For employers with 100 or more employees, they must provide up to 56 hours of paid sick leave. Employers with fewer employees must provide unpaid leave.
For employers with net income of $1 million or less, they must provide up to 40 hours of unpaid sick leave. Employees carry over unused leave to the next year, with an annual cap of 40 hours. .
Oregon
Employees earn one hour of paid sick leave for every 30 hours worked, up to 40 hours annually. Employers with fewer than 10 employees (or fewer than 6 in Portland) may provide unpaid sick leave. Employees carry over unused leave to the next year, with an annual cap of 40 hours. .
Rhode Island
Employers with 18 or more employees must provide one hour of paid sick leave for every 35 hours worked, up to 40 hours per year. Smaller businesses must provide unpaid leave. Employees carry over unused leave to the next year, with an annual cap of 40 hours.
Vermont
Employees who work an average of at least 18 hours per week earn one hour of paid sick leave for every 52 hours worked, up to 40 hours per year. Employees carry over unused leave to the next year, with an annual cap of 40 hours. .
Washington
Employees earn one hour of paid sick leave for every 40 hours worked, with no annual cap on usage. Employees carry over unused leave to the next year.
Washington, D.C.
Employers must provide paid sick leave based on the size of their workforce, with accrual rates ranging from one hour for every 37 hours worked (for large employers with 100 or more employees) to one hour for every 87 hours worked (for small employers with 24 or less employees).
How to create a small business sick leave policy.
Being aware of sick leave laws is one thing—but understanding how to implement a sick leave policy for your small business that benefits your business and employees is also a must. Here are the steps you can take to create a small business sick leave policy:
- Understand legal requirements: The first step is to research federal, state, and local paid sick leave laws applicable to your business. Compliance with local sickness pay law is essential to avoid legal issues and ensure employees receive their entitled benefits.
- Define accrual and usage: Determine how sick leave will accrue (e.g., one hour per 30 hours worked) and specify how and when employees can use their accrued sick leave. Clarify any waiting periods before new hires can begin using sick leave.
- Outline notification procedures: Establish a clear process for employees to notify their supervisors when they need to take sick leave. Include acceptable forms of communication and required notice periods, if any.
- Specify documentation requirements: Indicate if employees need to provide documentation—such as a doctor’s note—for sick leave. Specify when documentation is required and any limitations on the type of acceptable documentation.
- Address carryover and payout: Decide whether unused sick leave will carry over to the next year and if there are any limits. Also, clarify your policy on paying out unused sick leave upon termination of employment.
- Communicate the policy: Ensure all employees are aware of the sick leave policy. Include it in the employee handbook, discuss it during onboarding, and provide regular reminders.
- Review and update regularly: Regularly review your sick leave policy to ensure it complies with current laws and meets your business needs. Update the policy as necessary and communicate changes to employees promptly.
Understanding paid leave laws by state.
Navigating paid sick leave laws by state can be challenging, but there’s no escaping it—it’s crucial for ensuring compliance and supporting employee well-being. Understanding the states with mandatory sick leave, from accrual rates to usage policies, helps businesses create effective and compliant sick leave policies.
Staying informed about federal and state-specific regulations, like those in California, New York, and Massachusetts, allows employers to provide necessary benefits while adhering to legal standards.
In 2024 and beyond, businesses like yours must remain vigilant about changes in paid sick leave laws and continuously update your policies to reflect new regulations. By doing so, companies can foster a supportive work environment that values employee health and well-being, ultimately leading to higher employee satisfaction and productivity.
Following new regulations can be challenging if you don’t have an easy way to track employee sick leave hours. With the Homebase time clock tool, you can automatically track hours worked, breaks, and corresponding hours of paid leave.
Our time clock integrates directly with scheduling and payroll tools, so you can go straight from time tracking to paying out your team on time and correctly. Get started with Homebase for free.
Frequently asked questions about paid leave laws by state
Who is exempt from paid sick leave in Michigan?
In Michigan, certain employees are exempt from paid sick leave, including those who work in a small business with fewer than 50 employees, part-time employees working fewer than 25 hours per week on average, and individuals classified as independent contractors. Additionally, workers covered by a collective bargaining agreement may have different provisions.
How many sick days do most employees get?
The number of sick days employees receive varies by state and employer policy. On average, private sector workers receive about 7-8 days of paid sick leave per year. However, states with mandatory paid sick leave laws often require a minimum accrual rate, typically one hour for every 30 to 40 hours worked, resulting in about 5 to 9 days annually.
Are sick days and PTO the same?
No, sick days and PTO (paid time off) are not the same. Sick days are specifically allocated for illness or medical appointments, while PTO combines vacation days, personal days, and sick days into a single leave bank that employees can use for any purpose. Some employers may offer separate sick leave and PTO policies, while others may combine them.
Do sick hours roll over?
Whether sick hours roll over depends on state laws and company policies. In many states with mandatory paid sick leave, unused sick leave must carry over to the next year, often with a cap on the total accrual. For example, California allows carryover but caps the total accrual at 48 hours or six days.
How much sick time is normal?
The amount of sick time considered normal varies by state and employer. Typically, employees accrue one hour of paid sick leave for every 30 to 40 hours worked. This results in about 5 to 9 days of sick leave annually. Some states have set minimum standards for sick leave accrual, ensuring employees have sufficient time to address health needs.
Do you get paid for unused sick days?
Payment for unused sick days depends on state laws and company policies. Some states and employers do not require payment for unused sick leave upon termination, while others might. It’s important to review your state’s specific regulations and your employer’s policy to understand the terms.
Do you get paid for sick time?
Yes, in states with mandatory paid sick leave laws, employees are paid for the sick time they accrue and use. These laws ensure that employees do not lose income when they need to take time off for medical reasons. The rate of pay is typically the same as the employee’s regular wage.
What is a small business sick leave policy?
A small business sick leave policy outlines the accrual, usage, and management of sick leave for employees. It should comply with state and local laws, specify how sick leave is accrued and used, and detail notification and documentation requirements. A well-defined policy helps ensure fairness and compliance.
Is sick leave paid for hourly employees?
Yes, in states with paid sick leave laws, hourly employees accrue paid sick leave based on the number of hours worked. This ensures that even part-time and hourly workers have access to paid sick leave benefits.
What are federal sick leave laws?
Federal sick leave laws, such as the Family and Medical Leave Act (FMLA), provide unpaid, job-protected leave for specified medical and family reasons. However, there is no federal law mandating paid sick leave for private sector employees. Many states have implemented their own paid sick leave laws to fill this gap.
Remember: This is not legal advice. If you have questions about your particular situation, please consult a lawyer, CPA, or other appropriate professional advisor or agency.
